[{"Position":0,"DocId":0,"DocName":"08-0068","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"The fact that the facilities of the Natchitoches Parish Hospital are currently being leased and operated by\r\nChristus Health, does not affect the hospital’s ability to generate revenue. Thus, according to the plain language of\r\nLa. Rev. Stat. 33:4161, the Natchitoches Parish Hospital is properly classified as a revenue-producing utility. As such,\r\nit is bound by the provisions of La. Rev. Stat. 33:4341(A). Further, a determination should be made as whether the current lease arrangement satisfies the conditions of La. Rev. Stat. 46:1055 and La. Rev. Stat. 46:1074A."},{"Position":0,"DocId":0,"DocName":"08-0085","FileName":null,"DateUpdated":"\/Date(1240894800000)\/","OpinionNum":null,"Summary":"Any law that interferes or otherwise requires an act that is in contravention of the rights and protections afforded by the Copyright Act would likely be pre-empted and unenforceable."},{"Position":0,"DocId":0,"DocName":"08-0158","FileName":null,"DateUpdated":"\/Date(1240808400000)\/","OpinionNum":null,"Summary":"St. Landry Parish, a Home Rule Charter form of government, pursuant to La. Const. Art. VI, § 5(E), may regulate entry upon a public lake for boating activities such as skiing and fishing provided that any ordinances enacted pursuant thereto are not prohibited by\r\nstate law."},{"Position":0,"DocId":0,"DocName":"08-0213","FileName":null,"DateUpdated":"\/Date(1240808400000)\/","OpinionNum":null,"Summary":"School boards may only place safety related messages on front, rear or sides of its school buses if specific state or\r\nfederal statutory or regulatory authority exists."},{"Position":0,"DocId":0,"DocName":"08-0215","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"Under the facts of this opinion request, the mineral rights reserved by party A lapsed after 10 years from the time of sale to party B, but B’s reservation of rights, while made within A’s 10-\r\nyear-reservation, do not lapse after 10 years once the property is sold to the State or an State Agency with a mineral reservation by B."},{"Position":0,"DocId":0,"DocName":"08-0228","FileName":null,"DateUpdated":"\/Date(1240808400000)\/","OpinionNum":null,"Summary":"A mortgage to secure future obligations that does not describe the maturity of any obligation that it secures must be reinscribed within ten years from the date of the mortgage. Upon the receipt of a written signed application, the clerk of court shall cancel the\r\nrecordation when such mortgage has not been reinscribed within ten years from the date of the mortgage."},{"Position":0,"DocId":0,"DocName":"08-0242","FileName":null,"DateUpdated":"\/Date(1240808400000)\/","OpinionNum":null,"Summary":"A retiree currently receiving benefits from the Assessors’Retirement Fund cannot be reemployed by an assessor’s\r\noffice on a full time permanent basis. A retiree can be reemployed by an assessor’s office on a temporary basis\r\nonly. If a retiree is reemployed for more than one hundred working days during any calendar year, the retiree’s benefit must be reduced in accordance with the procedure outlined by La. R.S. 11:1413."},{"Position":0,"DocId":0,"DocName":"08-0263","FileName":null,"DateUpdated":"\/Date(1240808400000)\/","OpinionNum":null,"Summary":"School Board did not violate La. Const. art. VII, § 14 when it directly prepaid\r\nfor a Board member to attend a job related conference notwithstanding the board member’s inability to attend. School Board is not authorized to seek recovery of the unreimbursed and non-refundable portion of registration, air fare and hotel costs from the non-attending Board member."},{"Position":0,"DocId":0,"DocName":"08-0285","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"Public funds may be spent even if the expenditure does not fall within an exception in 14(B) or is not in a cooperative endeavor agreement pursuant to 14(C) so long as the public entity is able to establish that the expenditure meets all three prongs of the Cabela’s test. We would strongly recommend that the New Orleans City Council enter into cooperative endeavor agreements with the organizations it intends to distribute EDF millage proceeds to in order to clearly establish the non-gratuitous intent of the expenditure and reciprocal obligations between the parties."},{"Position":0,"DocId":0,"DocName":"08-0290","FileName":null,"DateUpdated":"\/Date(1241067600000)\/","OpinionNum":null,"Summary":"The Department of Wildlife and Fisheries should not use the State Land Office online inventory map for the legal purpose of determining whether to issue or renew oyster leases. The Department should only issue or renew leases once a reasonable investigation into the question of ownership of the property in question is complete and, based on the\r\nfindings, a determination is made that the state owns the water bottoms to be leased. After such a determination is made, no claim, other than the State’s, to any water bottoms suitable for oyster culture by any person shall be valid until adjudicated upon by a court of competent jurisdiction in a suit between the state and the claimant pursuant to La. R.S. 56:423 (D)."},{"Position":0,"DocId":0,"DocName":"08-0316","FileName":null,"DateUpdated":"\/Date(1241154000000)\/","OpinionNum":null,"Summary":"South Beauregard Water System, Inc. has a continuing legal obligation to execute any and all documents necessary to transfer its assets to the Waterworks\r\nDistrict No. 3 of Beauregard Parish. Additionally, history of providing public services and receiving public\r\nfunds by South Beauregard Water System transformed the South Beauregard Water System, Inc. into a public entity."},{"Position":0,"DocId":0,"DocName":"08-0324","FileName":null,"DateUpdated":"\/Date(1240808400000)\/","OpinionNum":null,"Summary":"There should be at least a minimum number of commissioners and commissioners-in-charge at the precinct on Election Day as provided under La. R.S. 18:425. Election commissioners-in-charge and commissioners cannot leave the polling place on Election Day.\r\nHowever, they may take reasonable breaks so long as the breaks are taken in a prudent manner and the election process is neither stopped nor delayed."},{"Position":0,"DocId":0,"DocName":"08-0341","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"Annexation by City of Carencro of subdivision located in ward within\r\njurisdiction of City Court of Lafayette does not modify or restrict city court’s territorial jurisdiction, which was created and specified by state law\r\nand cannot be modified by local ordinance. Annexation by City of\r\nCarencro of subdivision located in Third Ward, within jurisdiction of City\r\nCourt of Lafayette, does not create overlapping jurisdiction between city\r\ncourt and justice of the peace courts in Sixth Ward. Annexation by City of\r\nCarencro of subdivision located in ward within jurisdiction of City Court of\r\nLafayette, did not modify city court’s territorial jurisdiction and did not\r\nmodify existing right of voters domiciled within city court’s jurisdiction to vote for city court’s judges and marshal."},{"Position":0,"DocId":0,"DocName":"08-0349","FileName":null,"DateUpdated":"\/Date(1240894800000)\/","OpinionNum":null,"Summary":"Ex officio board members have the same rights and privileges as do all other members of the board, including the right to vote, unless expressly stated otherwise in the language creating the board and its membership. Relevant documents should be closely examined to determine the voting authority of an ex-officio member."},{"Position":0,"DocId":0,"DocName":"08-0352","FileName":null,"DateUpdated":"\/Date(1241154000000)\/","OpinionNum":null,"Summary":"Pursuant to Louisiana law, provisions in a real estate sale document requiring that a school be segregated are\r\nillegal and unenforceable and such a clause should be severable from the document. In addition, should the\r\nprior owner attempt to enforce such a provision, that action has prescribed."},{"Position":0,"DocId":0,"DocName":"08-0353","FileName":null,"DateUpdated":"\/Date(1241154000000)\/","OpinionNum":null,"Summary":"Pursuant to Louisiana law, provisions in a real estate sale document requiring that a school be segregated are illegal\r\nand unenforceable and such a clause should be severable from the document. In addition, should the prior owner\r\nattempt to enforce such a provision, that action has prescribed. However, there is no deficiency with the Peebles\r\nElementary School lease that ends in 2010."},{"Position":0,"DocId":0,"DocName":"09-0002","FileName":null,"DateUpdated":"\/Date(1241154000000)\/","OpinionNum":null,"Summary":"Under Act 922, and the regulations adopted thereto, if a vessel owner qualifies for an oyster seed ground vessel permit based on a vessel he owns (or owned) that meets (or met) the requirements of La. R.S. 56:433.1, then that vessel owner also qualifies to receive a permit for any and all vessels he currently owns regardless of if these\r\nvessels meet the qualifying criteria."},{"Position":0,"DocId":0,"DocName":"09-0003","FileName":null,"DateUpdated":"\/Date(1241067600000)\/","OpinionNum":null,"Summary":"The execution of a contract by a Law Enforcement District for a period of time that exceeds or extends beyond the term of a Sheriff is not illegal per se. However, State Bond Commission approval is required whenever a political subdivision incurs debt. Failure to\r\nobtain the consent and approval of the State Bond Commission renders any contract, debt, or obligation through which a public entity incurs debt null and void."},{"Position":0,"DocId":0,"DocName":"09-0004","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"Although a political subdivision may pay the insurance premiums of public employees per La. R.S. 33:5151, the\r\ninsurance contract must be in existence before the payments are authorized, and past payments may not be reimbursed as\r\nthis would violate La. Const. art. VII, Sec. 14(A)."},{"Position":0,"DocId":0,"DocName":"09-0006","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"It is proper for the president of St. Bernard Parish or his designee to serve as an ex officio member of the Library\r\nBoard. Because the person currently serving as the designee for the parish president is no longer a member of the\r\ngoverning authority, this individual is no longer qualified to serve. Accordingly, the parish president must personally serve in the ex officio position or appoint a new designee who\r\nis a member of the governing authority."},{"Position":0,"DocId":0,"DocName":"09-0022","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"The Parish is obligated to provide the Clerk of Court reasonable and adequate security measures related to the function of her office, including\r\nsecurity measures relating to the safekeeping and preservation of public\r\nrecords for which she is the legal custodian. However, because our office\r\nis not a finder of fact, we cannot opine as to whether the expenses associated with the specific requested additional security measures referenced in the request are quantitatively reasonable and thus must be provided by the Parish."},{"Position":0,"DocId":0,"DocName":"09-0023","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"1. Under the provisions of La. R.S. 48:701, the Parish has the authority to revoke statutorily dedicated property if such property no longer serves a public purpose. 2. The Parish has the authority to exchange with a private person or entity statutorily dedicated property, but only in accordance with the requirements of La. R.S. 48:702. 3. The Parish has the authority to sell statutorily dedicated property to certain other governmental entities, but this authority is subject to the provisions of La. R.S. 33:4717."},{"Position":0,"DocId":0,"DocName":"09-0025","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"The tax collector must collect both delinquent special assessments levied by the governing boards of community development districts and delinquent parcel fees levied by St. Tammany subdrainage districts through the sale of property at the annual parish tax sale."},{"Position":0,"DocId":0,"DocName":"09-0029","FileName":null,"DateUpdated":"\/Date(1241154000000)\/","OpinionNum":null,"Summary":"The dual officeholding provisions pertain only to the concurrent holding of two or more positions of public\r\noffice and/or employment, and are not implicated where an individual holds only one position of public office or employment. Thus, the dual officeholding\r\nprovisions pose no legal impediment to the employment of a former alderman by the Cotton Valley police department as a part-time police officer."},{"Position":0,"DocId":0,"DocName":"09-0034","FileName":null,"DateUpdated":"\/Date(1240894800000)\/","OpinionNum":null,"Summary":"Elected police chief under the Lawrason\r\nAct, must follow the City Council\r\nOrdinances and Laws concerning accrual of annual leave for police officers, but elected police chief maintains authority and control over implementation of the ordinances as it relates to police personnel."},{"Position":0,"DocId":0,"DocName":"09-0037","FileName":null,"DateUpdated":"\/Date(1241067600000)\/","OpinionNum":null,"Summary":"It is proper for “financial matters” to be placed on the Sabine Parish School Board’s consent agenda, if such matters are routine or non-controversial. If a member of the public body determines that any item on the consent agenda requires discussion, then the item must be treated as a typical agenda item, allowing for debate and a separate vote."},{"Position":0,"DocId":0,"DocName":"09-0040","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"The Rapides Parish Police Jury has the authority to pay licensed trappers a bounty on trapped and killed beavers\r\nunder La. R.S. 33:1236."},{"Position":0,"DocId":0,"DocName":"09-0041","FileName":null,"DateUpdated":"\/Date(1241154000000)\/","OpinionNum":null,"Summary":"A member of the Louisiana State Board of Tax Appeals holds appointive office in the executive branch of state government;\r\nconstitutional and statutory provisions prohibit this member from holding at the same time the appointive office of domestic hearing officer for the Thirteenth Judicial District Court in Evangeline Parish, as the latter position constitutes appointive office in the judicial branch of state government. State law prohibits one from\r\nholding simultaneously positions in separate branches of state government."},{"Position":0,"DocId":0,"DocName":"09-0046","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"Revenue bonds secured solely by and payable solely from sales tax revenue of a public entity may be issued under La. R.S. 39:1430, provided that the annual debt service is not in excess of 75% of\r\nthe sales tax revenue estimated to be received in the calendar year that the bonds are issued. Such sales tax revenue bonds can be sold at a private sale in accordance with the provisions of La. R.S. 39:1426(b). Atty. Gen. Op. No. 88-472 is hereby recalled due to later statutory amendments."},{"Position":0,"DocId":0,"DocName":"09-0048","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"Minutes from an executive session properly conducted under the Open Meetings Law (La. R.S. 42:6 and 42:6.1) and the Enhanced Ability to Compete Act (La. R.S. 46:1073) are confidential, and not required to be disclosed under the Public Records Act (La. R.S. 44:1 et seq.)."},{"Position":0,"DocId":0,"DocName":"09-0059","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"Payment of Medicaid claims due and payable does not amount to a prohibitive donation."},{"Position":0,"DocId":0,"DocName":"09-0061","FileName":null,"DateUpdated":"\/Date(1240808400000)\/","OpinionNum":null,"Summary":"City of Carencro may legally sell whatever rights it owns in the former railroad property to the contiguous land owners at private sale provided that the procedure laid out in La. R.S. 33:4712 is\r\nfollowed and fair value is received."},{"Position":0,"DocId":0,"DocName":"09-0063","FileName":null,"DateUpdated":"\/Date(1240981200000)\/","OpinionNum":null,"Summary":"The governing authority of Orleans Parish cannot levy the additional millages authorized by La. Const. Art. VI, § 26(E) unless the total appropriations from all other sources for fire and police protection purposes, respectively, exceed the total appropriations made for such respective purposes in the previous year."}]